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First Amendment
guarantees your freedom of speech, religion, press, petition, and assembly.
Second Amendment
guarantees your right to bear arms.
Fourth Amendment
protects you from unreasonable searches and seizures.
Fifth Amendment
protects you from being a witness against yourself.
Sixth Amendment
guarantees your right to a speedy and public trial with a jury of your peers.
Eighth Amendment
protects us from cruel and unusual punishment.
acquit
to find them not guilty in a criminal trial.
arraignment
a hearing in which a person charged with a crime first appears before a judge.
automobile exception
when a police officer can search your car without a search warrant.
bail
a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.
bench trial
a trial in which there is no jury but instead a judge hears the case.
Brady Bill
instituted federal background checks on firearm purchasers in the United States.
censorship
suppression of words, images, or ideas that are "offensive,"
challenge for cause
to remove a prosepective juror for a reason
change of venue
moving a trial to a different location
clear and present danger
a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly.
coercion test
a method to test if the Establishment Clause has been violated by threatening or intimidating someone into doing something.
community standard
local norms bounding acceptable conduct that state the community's values.
confrontation clause
the right of the accused to confront their accusers.
creationism
belief in the literal interpretation of the account of the creation of the universe and of all living things related in the Bible.
defamation
intentional false communication, either written or spoken, that harms a person's reputation.
double jeopardy
to be prosecuted for the same crime twice
due process
legal requirement that the state must respect all of the legal rights that are owed to a person.
eminent domain
The power to take private property for public use
establishment clause
forbids the government from establishing an official religion
evolution
the change in the inherited characteristics of biological populations over successive generations.
excessive entanglement
when government and religion are overly involved with one another.
exclusionary rule
evidence obtained illegally cannot be used against you in court.
Framers
group of 55 men who are responsible for writing the U.S. Constitution
free exercise clause
allows you to practice any religion you choose, or no religion at all.
grand jury
used to decide whether there is enough evidence for someone to be charged ("indicted") for a serious crime.
imminent
An immediate threat of harm
incite
To provoke and urge on
indictment
formal accusation that a person has committed a crime.
inevitable discovery rule
if evidence would have been eventually obtained legally, then the evidence obtained by illegal means becomes admissible.
Lemon Test
a three-part test used to determine if a law violates the 1st Amendment.
libel
Written defamatory statement
militia
an army or other fighting force that is composed of non-professional fighters
Miranda Rights
what the police read to you when you are arrested to let you know what your rights are.
mistrial
when a courtroom trial has been terminated prior to its normal conclusion.
obscenity
lewd or indecent
parody
a humorous or satirical imitation of something, protected by the First Amendment.
peremptory challenge
to have a juror dismissed before trial without stating a reason
prior restraint
government action that prohibits speech or other expression before it can take place.
probable cause
the standard which must be met in order for a judge to issue a search warrant
reasonable suspicion
a more relaxed standard than probable cause that is used in criminal procedure.
school vouchers
when parents can apply a voucher toward tuition at a private school, including religious schools
stop and frisk
police may detain a person and run his hands lightly over the suspect's outer garments to determine if the person is carrying a concealed weapon.
search warrant
a court order issued by a judge that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence
secular
not pertaining to or connected with religion.
separation of church and state
1st Amendment idea describing the distance of the relationship between organized religion and government.
slander
oral defamation
subpoena
a formal document that orders a named individual to appear in court
symbolic speech
burning an American flag is an example of this type of speech.
wall of separation
Thomas Jefferson's belief about the relationship between government and religion.
writ of habeas corpus
a court order that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.
Ascroft vs. ACLU
SC case-computer generated, "virtual" child pornography that does not use real people is protected.
Board of Education vs. Westside Community Schools
SC case-public schools that offer extra-curricular clubs cannot deny a religous group from forming a club
Brandenburg vs. Ohio
SC case-held that government cannot punish inflammatory speech unless that speech is directed to inciting
California vs. Greenwood
SC case-allows the police to search through your trash once
Carroll vs. United States
SC case-upheld the warrantless search of an automobile.
Church of the Lukumi Babalu Aye vs. City of Hialeah
SC case-the city ban on animal sacrifice was unconstitutional because it was directed at 1 specific religion
District of Columbia vs. Heller
SC case-you have the right to bear arms in a federal enclave.
Dred Scott vs. Sandford
SC case-ruled that African-Americans were not citizens, and therefore had no standing to sue in federal court.
Engel vs. Vitale
SC case-reading of a nondenominational prayer at the start of the school day
Epperson vs. Arkansas
SC case-invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools
Everson vs. Board of Education
SC case-parents could be reimbursed for bussing their kids to private Catholic schools
Gideon vs. Wainwright
SC-case all people have a right to be represented by a court-appointed attorney.
Goldman vs. Weinberger
SC case-Jewish Air Force officer could not wear a yarmulke
Gregg vs. Georgia
SC case-reaffirmed the use of the death penalty (if it is fairly applied) in the United States
Hazelwood vs. Kuhlmeier
SC case-public school newspaper journalists do not have the same rights as journalists outside of schools (they can be censored)
Hustler vs. Falwell
SC case-when something is deemed a parody, you cannot sue for demation
Katz vs. United States
SC case-declared that the Fourth Amendment protects people, not places (wiretaps)
Kelo vs. City of New London
SC case- the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause.
Lemon vs. Kurtzman
SC case-struck down a Pennsylvania law, which allowed the state to reimburse nonpublic schools for teachers' salaries
Mapp vs. Ohio
SC case-Evidence obtained through a search in violation of the Fourth Amendment cannot be admitted in court
McDonald vs. Chicago
SC case-struck down the city of Chicago's ban on the possession of handguns .
Miller vs. California
SC case-obscenity can be "judged to be obscene by the average person, applying contemporary community standards."
Miranda vs. Arizona
SC case-police must notify suspects of their right to counsel and their protection against self-incrimination when they are arrested
Morse vs. Frederick
SC case-"Bong Hits 4 Jesus" case
New Jersey vs. T.L.O.
the school's interest in maintaining order and discipline outweighed the student's expecation of privacy. Schools only need reasonable suspicion rather than probable cause to conduct a search.
New York Times vs. Sullivan
malice standard, which has to be met before press reports about public officials or public figures can be considered to be defamation
New York Times vs. United States
the govt. could not prematurely censor newspapers over then-classified newspapers
Nix vs. Williams
SC case-evidence that was obtained illegally, but would have been obtained inevitably could still be used against a defendant in court.
Roper vs. Simmons
it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.
Schenck vs. United States
1st Amendment rights can be limited if an action presents a clear and present danger; Congressional rights are expanded during war time.
Sheppard vs. Maxwell
SC case-if media has given too much attention to a case, the trial should be moved or delayed
Snyder vs. Phelps
Westboro Baptist Church can protest fallen soldiers' funerals. Protected by the 1st Amendment.
Terry vs. Ohio
gave police the right to conduct a "stop & frisk"
Texas vs. Johnson
burning an American flag is protected under the 1st Amendment
Tinker vs. Des Moines
students were allowed to wear black armbands to protest the Vietnam War becuase they did not cause a substantial disruption to the learning environment
United States vs. Salerno
bail can be denied to someone who is deemed a threat to society
Village of Skokie vs. National Socialist Party
the NSPA could not be denied the right to hold a march/rally because their message was offensive to the people of the town
Wisconsin vs. Yoder
Amish students could not be compelled to attend public school beyond 8th grade
Griswold vs. Connecticut
Struck down the Connecticut law that banned the use of birth control. Established "zones of privacy."
Lawrence vs. Texas
States could not outlaw homosexual activity.
Roe vs. Wade
Women have the right to have an abortion.
Korematsu vs. United States
Upheld the Japanese internment camps in the U.S. during WWII.
Brown vs. Board of Ed.
Overturned "separate but equal" doctrine. Integrated public schools.
University of California vs. Bakke
Quotas used in affirmative action were unconstitutional.